Property Extensions and community charges

Hi

i hope somebody can help me.

i live on a community of townhouses and semi detached villas. Recently the new president found a discrepancy in the calculation of community charges which has resulted in the townhouses incurring an increase and the villas a decrease. Resulting in the townhouses paying more than the villas.However, the villas have extended their properties, in some cases doubling the size, are they liable to pay more in community charges?

best wishes, Annie 

It depends on how cuota is calculated in the original Community Plan.  If based on build size then extending has implications.  If based on property  (Land/plot) size then no unless someone has extended their plot.

Does this also depend in some way if the property has been registered in the land registry or not ( since this is not an automatic requirement)?

”The Catastral is a parallel registry to the Land Registry, and records a property’s size, boundaries and so on. In theory the details held by the Catastral should correspond with those held by the Land Registry, though in practice discrepancies in terms of the size of the plot and the building are not that uncommon.”

Thanks for your help.

When the properties were built in the mid 80’s the deeds and indeed community rules stated that the charges were based on the sq metres of the property including terraces, etc and this has never changed even though some properties have doubled in size.

In Spain most things are make it up as you go along, usually to the benefit of who makes it up.

"When the properties were built in the mid 80’s the deeds and indeed community rules stated that the charges were based on the sq metres of the property including terraces, etc and this has never changed even though some properties have doubled in size."

The cuota of the properties that have been increased in size should also be increased with a corresponding decrease to all other properties' cuota's.  This needs to be drafted and registered with the registry.  Note that if any additional buildings like garden sheds etc have been built, these also add to the 'build' size and must be included in recalculating cuota.  It is a big job and I would guess it will cost E600 plus E100 per property that is increased in swize to cover legal and registry costs.

ads makes a good point, but for the purposes of cuota calculations it does not matter whether the building changes have been registered with the Land Registry or the Cadastral.

I take home in mortgages for three years, and an agreement signed between us. But, I have a question if the Govt increases taxes on the mortgaged property, so any effects on our deal.

adamhenry, what are you on about? Looking at all the threads you have commented on, are you sane?

Back to Community Charges and extensions, I’m surprised properties have been permitted to extend IF the are in a Community as HPA normally does not permit changes to the facades or indeed any extensions to property in a Community.

You possibly need to bring this to a Community of Owners for quota updating

M